Is this a disability?

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Is this a disability? 2010-03-04T20:58:43+00:00

The Forums Forums Ask The Community Is this a disability?

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  • #88283

    Anonymous
    Inactive
    Post count: 14413

    Is ADD a disability as far as the government is concerned. I have fallen so far behind in my bookkeeping and am being audited by Rev Can, yet I am having great difficulty in getting my stuff together. Money is not the issue, I am sure that I over reported my income (self employed). While I have always struggled keeping organized, a few years ago a family member became ill and I had to take 6+ months off to care for them. When I returned I found it impossible to catch up, it was/is so overwhelming. All I want is some time. I am awaiting formal assessment for ADD in May but they are expecting all my stuff in two weeks. Is there anyway to get some consideration?

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    #93031

    Anonymous
    Inactive
    Post count: 14413

    Hi Glen,

    I’ve been in a similar boat. The Canada Revenue Agency does have something called Taxpayer relief provisions. I’ve been up this avenue but they take a long time to respond. I believe you first have to submit your paperwork to the Director of your local tax office and they go from there. Here’s the information about these provisions:

    http://www.cra-arc.gc.ca/gncy/frnss/prv_1-eng.html

    A disability is generally defined in Canadian law as something that impedes one’s ability to contribute to society. ADD/ADHD is definitely an impediment and as such should be recognized as a disability in most instances. Whether this is recognized by CRA is a question which has been considered by various Canadian courts and has been upheld. Refer to the case below:

    McNaughton v. The Queen, 2005 TCC 714 (CanLII)

    http://www.canlii.org/en/ca/tcc/doc/2005/2005tcc714/2005tcc714.html

    The above deals specifically with whether an ADHD child qualifies for the CRA disability tax credit. The court refers to several decisions that support disabilities that deal with “thinking, perceiving and remembering.” While it does not speak directly to your situation, it may be helpful in addressing your question in general. Perhaps seek out the advice of professionals in this case. Google turned up these folks:

    http://www.brematson.ca/faqs

    (This post is not legal advice.)

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    #93032

    Anonymous
    Inactive
    Post count: 14413

    Glen, definitely DEFINITELY get a professional to represent your interests to the CRA. Get an accountant or a tax lawyer. Doesn’t matter what it costs. Even if you believe you are totally innocent of any wrongdoing. DO NOT represent yourself. Do not, do not, do not. Been down that road.

    Don’t mean to scare you :) But please heed my advice.

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    #93033

    Anonymous
    Inactive
    Post count: 14413

    Agree with rhawser… I learned my lesson here too and now refer all such paperwork (kryptonite) to a bookkeeper.

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    #93034

    Anonymous
    Inactive
    Post count: 14413

    Thank you so much for that!

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    #93035

    Anonymous
    Inactive
    Post count: 14413

    In the worst case scenario, seek out help from the state-provincial human rights tribunals if you feel your mental health issues are not being addressed by the CRA/IRS. In this case, get your doctor to write supporting documentation.

    But, totally, get professional legal and accounting advice as your first steps.

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    #93036

    Anonymous
    Inactive
    Post count: 14413

    I’m self employed and tried dealing with CRA and kept putting off the inevitable[professional help] and three days before

    Christmas the CRA siezed my bank accounts. I hadn’t got my wife a gift yet because I kept putting that off also.

    Caused a rather tense Christmas. So get help right away because the CRA will not call you to many times, they like

    to surprise you at the bank. Good luck.

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    #93037

    ADDled
    Member
    Post count: 121

    On a recent “The Fifth Estate” program on the CBC, there was segment about how CRA works and the tactics they use to harass “clients” during an audit. And, apparently, without repercussion if they’re wrong. It’s downright scary to see how much power a single person in a governmental agency can have to effectively ruin your life if they want to. The operative word is “want to”, because they’ll play you like a small-mouth bass on the hook. CRA plays hard ball and they play to win at all costs: even if it ruins you financially.

    I don’t want to scare you, but it seems the CRA is the closest thing in this country to the Gestapo we’ll ever see. I WOULD NOT ever attempt to to deal on such a matter as yours without some sort of professional representation. Get an accountant. Get a tax lawyer. Get it in writing.

    And this is the case for people without disabilities who have audited by CRA. I can’t eve begin to imagine how they would treat someone with a “hidden” disability such as we have. Especially if you an anxiety disorder as an add-on to your ADD.

    Anytime I have dealt with CRA, I had different answers for the same question from different CRA people.

    Hope this helps….and good luck

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    #93038

    Anonymous
    Inactive
    Post count: 14413

    Two things to be done here one is financial planning and taxes. You can go back as far as ten years for the disability tax credit. You can also use the RDSP and get up to $90,000. The RDSP is tax free (no deductions) but if you are under 49 years old the matching program is worth it. If you talk to the right people $20,000 can be turned into $164,000 (assuming a 3% rate of return) over twenty years.

    The key here is you need an insurance company and the bank to work together. Not everybody can do this, only advisors who are involved with RDSPs and taxes know how to arrange this in general.

    You may be leaving a lot of money on the table.

    Go to http://www.disability-tax-credit.ca

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    #93039

    BuxomDiva
    Participant
    Post count: 109

    be careful of third party agencies like the one in that link! in another thread Dr. J. mentions that many people with legitimate claims for ODSP are being denied as third party companies are submitting many claims to try and get money out of people who are intimidated by the process of applying for these government benefits

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    #93040

    Anonymous
    Inactive
    Post count: 14413

    I just filed my Disability tax forms today for ADD to get the ball rolling. When they push back at all or when it file the paper work for them to audit my last 10 years tax returns… that’s when I’ll bring in the pros. There’ll be no playing around!

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    #93041

    BuxomDiva
    Participant
    Post count: 109

    but use a regular tax guy, not a company that will want a percentage of your benefit! I can get you the name of a taxation expert if you need it

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    #93042

    Anonymous
    Inactive
    Post count: 14413

    Does any one know what the Disability Form must say or how it must be filled out in in order to be aproved by CRA?

    Does ADHD alone qualify on page 6 of the DTC under the definitions of “markedly restricted” ?

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    #93043

    Anonymous
    Inactive
    Post count: 14413

    ShaneG; I applied for my kids DTC for the last 10 years, CRA didnt’ audit me, I just send an adjustment for each year together with the letter approving the disability and three months later received the cheques.

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